Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Health, to which was referred H.C.R. No. 135 entitled:

begs leave to report as follows:

The purpose of this concurrent resolution is to request the Legislative Reference Bureau conduct a study to determine appropriate criminal penalties, if any, for individuals who knowingly put others at risk for HIV infection and AIDS.

Many concerned citizens testified in support of this measure.

The Department of Health and the Life Foundation opposed this measure.

Your Committee finds that some states currently have laws that criminalize knowing exposure or transmission of the HIV virus or AIDS. However, your Committee is concerned about the legal issues of this measure and respectfully requests the next committee to further explore the legal ramifications of implementing criminal penalties for knowingly placing others at risk for HIV or AIDS.

As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 135 and recommends that it be referred to the Committee on Judiciary and Hawaiian Affairs.